Country

Portugal

Detention issue

Legal assistance

FRA research findings

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Legal instruments & key provisions

Legal instrument Key provision
General Regulation on Detention Facilities (Decreto-Lei n.º 51/2011, que aprova o Regulamento Geral dos Estabelecimentos Prisionais)Detainees have the right to claim, petition, complain and expose. Therefore, in order to defend their rights, detainees have the right to present, in writing, individually or collectively, complaints, petitions, claims, and expositions relating to the execution of the measures depriving them of their liberty. For that purpose, every institution must have a closed box, placed in an accessible area that guarantees privacy, where detainees may deposit their complaints and petitions. After this procedure the Director may: have recourse to mediation, in order to reach a consensual solution; pronounce on the claims, petitions, complaints, and expositions, within a maximum of 30 days; send them immediately to the competent entities or organisations (depending on the subject of the complaint the competent entity or organisation regarding that subject is contacted), and inform the detainee. The detainee may also contact the Director-General, Audit and Inspection Service, General Inspectorate of Justice Services and the Ombudsman.
Code on the Enforcement of Custodial Sentences and Measures (Lei n.º 115/2009, que aprova o Código da Execução das Penas e Medidas Privativas da Liberdade)Receiving information, consultation and legal advice from a lawyer is a detainee's right.

NATIONAL PREVENTIVE MECHANISM RECOMMENDATIONS

Year Recommendation Report
2022Investigations revealed that detainees lacked awareness of the system and had persistent doubts about the confidentiality and effectiveness of complaint handling. Consequently, detainees continued to prefer other channels such as the APAR (Portuguese Association for Detainee Support) or the Ombudsman's Office, or relied on previously existing communication channels with the establishment directorate. Report details